The 9th Circuit on Tuesday revived claims an unwritten policy at Oregon State University severely limited distribution of a student-run conservative newspaper.
OSU Students Alliance had published and widely distributed the Liberty, an independent student newspaper with a right-wing bent, across the university's Corvallis campus since 2002. Though eligible for some university funding, the Liberty remained independent with private donations and advertising revenue. During the 2008-09 winter term, however, the university's facilities department removed all of the alliance's distribution bins from campus and stacked them near a dumpster in a storage yard.
School officials told Liberty's executive editor William Rogers that the bins had been removed under an unwritten policy prohibiting newsbins for "off-campus" publications in all but two designated locations on campus. The department did not, however, remove bins containing the local Corvallis daily, USA Today and OSU's student-run daily.